Monday, 1 Feb 2021

When You Are Arrested, Call A Lawyer Immediately

It is common for some critical mistakes to happen in a criminal case after a suspect is arrested. Always remember that one of the first things you should do when arrested is to request for a lawyer. The right to counsel after an arrest is provided for by the Fifth Amendment of the United States Constitution.  

What to do after you are arrested

The problem with many individuals is the fear that may look guilty if they ask for a lawyer. However, asserting the right to a lawyer cannot be used by a prosecutor as a sign of guilt. Furthermore, agreeing to talk to the police without the presence of a lawyer will not change how a person is treated by law enforcement. You must always remember that agreeing to talk to the police without a lawyer usually leads to disastrous results. 

Before you agree to talk to law enforcement, make a clear and unambiguous request for a lawyer; otherwise, they will continue with questioning. After you have asserted your rights to legal counsel, law enforcement must cease questioning until the lawyer gives his consent. Never volunteer to share any information until your lawyer arrives. 

Why should you call the lawyer first?

When you are arrested, your first reaction is to get out of jail as quickly as possible. The first person you should call is your lawyer and not the bail bondsman. Bail is expensive and can run to thousands of dollars. A lawyer may be able to reduce the amount of bail or get it eliminated altogether. If the lawyer can have a bail hearing scheduled near the time of your arrest, the lawyer can ask for your release during the bail hearing on your own recognizance. 

Own recognizance means no-cost bail. You have to sign a written promise to the court that you will appear as required. The court may impose some additional conditions but the monetary consequences of your release on recognizance will not be imposed unless you violate the additional conditions set by the court. 

Even if you are not released on your own recognizance, you can still delay the payment of the bond. For example, if you are arrested but not charged with an offense, you will be released without paying bail. If you are facing a lower charge than the original one, there is a very likely chance for the bail amount to be reduced. 

Your lawyer needs to know the circumstances of your arrest regardless of whether the police followed the standard protocol. For example, you were arrested because law enforcement has probable cause to believe that you committed a crime. However, the law enforcement officer must have an arrest warrant for this purpose. Meanwhile, do not resist arrest and never run away.

Always call Jag Virk Law immediately after you are arrested even if you have not yet been criminally charged. It is crucial to have a lawyer by your side before you make any statements to the police. Always talk to a lawyer before agreeing to any tests like polygraph tests and chemical tests. 

Leave a Reply

Your email address will not be published. Required fields are marked *